The court held that the petition under Section 482 Cr.P.C. to quash domestic violence proceedings is not a fit case. The case was remitted to the lower court for trial without mandating the presence of the accused on every adjournment.
Quashing of proceedings denied; trial to proceed without mandating presence of accused on every date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.7731 of 2016
ORDER:
This petition under Section 482 Cr.P.C. is filed by the petitioners/respondents 1 to 4 seeking to quash the proceedings in D.V.C.No.2 of 2016 on the file of Judicial Magistrate of First Class, Chintalapudi, West Godavari District, against them.
2. It is alleged in the complaint that the petitioners/respondents 1 to 4 in DVC used to harass the 2nd respondent herein, wife of respondent No.5 in DVC, mentally and physically and tried to kill her many times and thereby subjected her to domestic violence.
3. Perusal of the complaint shows that there are serious allegations against the petitioners/respondents 1 to 4. Therefore, it is not a fit case where the proceedings against the petitioners can be quashed. Truth or otherwise of the allegations can only be decided during the course of trial. However, considering the facts and circumstances of the case, the Court below is directed to proceed with the enquiry in DVC without insisting the presence of the petitioners/respondents 1 to 4 on each and every date of adjournment, unless it feels that their presence is necessary for any specific purpose.
4. With the above direction, the Criminal Petition is disposed
of.
Miscellaneous applications, if any, pending in this petition shall stand closed.
M.S.K.JAISWAL,J
Date:08.06.2016 KH
1 issue framed by the court
Whether criminal proceedings under D.V.C. No.2 of 2016 alleging domestic violence are fit for quashing under Section 482 Cr.P.C.
1 provisions across 1 enactments
Petitioners/Respondents 1 to 4
Respondent 5
M.S.K. JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
